Jury selection began just after 9 a.m. Wednesday in the arson trial of Cynthia Stewart-Matzen of Belding. The trial, presided over by Judge David Hoort in Ionia County 8th Circuit Court, is slated to last for at least two days.

Stewart-Matzen is charged with three counts of arson in a fire that occurred May 13, 2010, at the home she shared with her husband, Gerald Matzen, at 757 Root St. in Belding.

Count one alleges that Stewart-Matzen set fire to her home (arson of a dwelling), count two that she set fire to her home with the intent to injure or defraud an insurance company (arson of insured property), and count three that she used a flammable or combustible material to set her house on fire (arson – preparation to burn property worth $1,000 or more but less than $20,000).

The charges carry a maximum penalty of up to 20 years, 10 years and five years respectively, plus fines, court costs and fees.

Six women and eight men were selected from the juror pool to hear the evidence. Two of the jurors are alternates.

In speaking with potential jurors, Hoort mentioned the suspected arson of Whites Bridge Sunday, and reminded them that they cannot let any feelings about that incident impact how they decide the Stewart-Matzen case.

"You must decide this case on the evidence," Hoort said. "Yes, it was a beautiful historic bridge, a historic marker for this county and state, but that simply cannot be a factor."

The ProsecutionIn her opening statement, Ionia County Chief Assistant Prosecutor Lori Kirkhoff told jurors that on the day in question, Gerald Matzen, who has health issues and relied on his wife, Cynthia Stewart-Matzen, for much of his care, woke up, saw smoke, called for his wife and then called 911.

"He started heading for the front door, slowly made his way to the door," Kirkhoff said. "He doesn't see his wife, but he heard her behind him. He's yelling to her, but he doesn't see her. She's yelling to him."

Kirkhoff said Captain Matt Smith of the Belding Fire Department had been to the house for a medical call a day earlier, and knew Gerald Matzen would need help getting out of the house. When he arrived May 13, Smith opened the front door into the porch and found Gerald Matzen trying to get out of the house.

"There was lots of smoke. (Gerald Matzen) told (Smith) his wife was in the house," Kirkhoff said. "(Smith) went back into the house, and eventually sees her coming from the kitchen, dazed. He takes her out of house and questions her. She tells him the fire is in the basement. He noticed right away the defendant had black soot around her face. (Gerald Matzen) had some, she had a lot."

At the back of the house, firefighters entered and found a curtain on fire, a fire along the side of the stairs leading to the basement, and two other small fires, all of which they were able to put out quickly.

"Once the smoke cleared and they went back in and didn't have all the gear, a firefighter noticed the smell of natural gas and heard it," Kirkhoff said. "Somebody disconnected the gauge that connects the wire to the gas line. ... Chief (Gregg) Moore noticed that this was not a typical fire. There were three different points of origin – places where the fire was started. None were in close proximity to the others. To the firefighters, that was very suspicious."

In addition, the bristles of two brooms, which were not near the fire, were singed and a third had begun to melt. Bristles found around the fires might have come from the brooms, according to Kirkhoff, so that the brooms might have been used to spread the fire.

"This raised red flags," Kirkhoff said, so Moore contacted the Michigan State Police fire marshal and an insurance company investigator.

"Both the fire investigators came to the same conclusion: this was intentional arson, not an accident," Kirkhoff said. "They took samples from the scene, and both samples showed gasoline."

Kirkhoff noted that the prosecution does not have to prove why Stewart-Matzen allegedly set the fires, however it will provide evidence for a motive.

"Ms. Matzen was caring for her husband, which was a lot of work for her. She also had to take care of her mother. That's a lot of pressure. She was under stress," Kirkhoff said.

The couple was married at the time of the fire, however after being together for more than 20 years, they had gotten married 54 days before the fire, Kirkhoff said.

"They got married for financial reasons. She lost her job and didn't have insurance, so they decided to get married," she said. "She told people it was a business transaction, not out of love. Once she married him, she became a beneficiary. She had motive – financial reasons, stress, and she was living a dual life."

Kirkhoff said at the time of the fire, Stewart-Matzen also was conversing online with a man in Texas with whom she worked at Electrolux and kept in touch.

"They were having an affair," Kirkhoff said. "She'd tell him how she felt, how miserable she was."

The Defense Defense attorney Carrie Gallagher reminded the jury that Stewart-Matzen is innocent at the start of the trial.

"Just because you are arrested does not mean you're guilty. Please don't make any presumptions," Gallagher said. "Everything you heard from the prosecutor, it's a story. They haven't proved anything."

Gallagher said in addition to testimony by fire experts and officers as to arson, the jury has to decide whether Stewart-Matzen had anything to do with it.

"It's circumstantial evidence," she said. "These charges haven't affected their marriage. He supported her, and they are still married. The prosecution won't present any direct witnesses that she started this fire – no fingerprints, witnesses or clothing ... not one piece of direct evidence."

Gallagher suggested that there are multiple explanations for what happened.

"You can't convict someone of a crime there are other explanations for," she said. "A fire occurred at Cindy's house. There really are two things going on here. Was it arson, and was Cindy the one that started the fire? Say it's arson. That doesn't mean Cindy was the one that did it."

She added that there were "several holes in the law enforcement investigation, and several steps that were flat out not taken.

"Don't we all have skeletons in our closet?" Gallagher asked. "How many times, we wrote an email and regretted it after we hit 'send?' Skeletons don't mean you are guilty of other crimes."